CIVIL AVIATION ACT 1988
CIVIL AVIATION REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Transport Canada issued AD CF-2004-26, affecting DHC-8 aircraft, in 2004. Canada is the State of Design for these types. As a result of advice from the Attorney General’s Department that the original issue of the directive was incorrectly made, CASA has amended the equivalent Australian AD. The amended AD, AD/DHC-8/100, Amendment 1, will become effective on 19 January 2005. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the need for regulations concerning the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air safety, with the Civil Aviation Safety Regulations 1998 outlining specific areas such as the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are critical in ensuring the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. This legislative framework mandates CASA to assess and, if necessary, issue Australian ADs in response to directives from the State of Design, thereby maintaining the safety standards of aircraft registered in Australia. The policy objective is to ensure that aircraft meet the highest safety standards in alignment with international conventions and regulatory requirements.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, empowers the Governor-General to make regulations in the interest of the safety of air navigation. This legislative framework applies to the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, with the Civil Aviation Safety Authority (CASA) having the authority to issue such directives for specific kinds of aircraft or aeronautical products. ADs are issued to ensure the continuing airworthiness of aircraft and are a common practice among International Civil Aviation Organization (ICAO) Contracting States. The State of Design, responsible for an aircraft type, must provide necessary information to ensure airworthiness, which CASA must then assess and potentially mandate through an Australian AD if the aircraft type is on the Australian Register. This process aligns with Australia’s obligations under the Convention on International Civil Aviation, and the ADs are issued without public consultation as they respond to directives from the relevant State of Design. The ADs are not subject to a Regulatory Impact Statement, and the authority to issue them is exercised by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the purposes of the Act and for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901. Under Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure this airworthiness. ADs are a common form of continuing airworthiness information issued by ICAO Contracting States.
The Act and its regulations impose specific obligations on CASA and the States of Registry. CASA, as Australia's national airworthiness authority, must assess any AD issued by the State of Design for aircraft types on the Australian Register. If appropriate, CASA must issue an Australian AD to mandate the requirements of the State of Design. The State of Registry is also responsible for the continuing airworthiness of individual aircraft, requiring them to develop or adopt requirements to ensure this airworthiness. For example, when Transport Canada issued AD CF-2004-26 affecting DHC-8 aircraft in 2004, CASA assessed and amended the equivalent Australian AD, issuing AD/DHC-8/100, Amendment 1, which became effective on 19 January 2005.
Failure to comply with the requirements set out in an AD can result in severe consequences. The ADs are made in accordance with subsection 84A(2) of the Act, which means non-compliance with these directives can lead to enforcement actions. Although the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, they are critical for maintaining safety standards. Non-compliance with ADs can result in penalties or other legal consequences, potentially affecting the airworthiness certificate of the aircraft, leading to grounding or other enforcement actions by CASA. The maximum penalties for breaches are not explicitly stated in the text, but they can include fines, imprisonment, or both, depending on the severity of the breach and relevant jurisdictional laws.